On July 15th the Connecticut Supreme Court will release it's decision in the Case of
Rhode vs. Milla.
The Rhode case is a claim for personal injuries stemming from a rear end collision which occured in 2002 in Darien. The Plaintiff sustained injuries in the crash and sought treatment with a chiropractor in Fairfield County who was under criminal investigation for his questionable billing practices. At his deposition, taken by Milla's attorney in the personal injury case, the chiropractor asserted his 5th Amendmendment right against self-incrimination as a response to many of the defense lawyer's questions.
At trial, the Plaintiff introduced the reports and bills of the chiropracter over the Defendant's objection. The jury went on to decide the case where a verdict in the princely amount of #10,000.
In a questionable move, the Defendant appealed the decison which appeal ultimately wound up at the Connecticut Supreme Court. The Supremes have ruled that even though the Chiro took the 5th to many of of the questions posed to him, his reports and bills could still come into evidence on behalf of the Plaintiff.
In my opinion, this is a very good result. Just because the chiropractor is under criminal investigation, that does not mean that his bills or treatment given to any particular patient are any more or less suspect than those of any other chiropractor.
In this case, the chiropractor had not been found guilty of anything when he began treating the